Note 38 — Chapter VI · THE AUDIENCIA AND THE GOVERNOR: GENERAL RELATIONS

Typical of the governor’s authority over all the officials of the colony, and incidentally over the oidores, was his power to grant or withhold permission to marry within the colony. The earlier laws on this subject absolutely forbade viceroys, presidents, oidores, alcaldes, or their children to marry within their districts.38 Deprivation of office and forfeiture of salary were the penalties for infraction of these regulations. These laws were followed by others which required the president (viceroy or governor) to report immediately to the Council the case of any magistrate guilty of violating the law forbidding the marriage of officials.39 It was not until 1754 that a law was promulgated providing for special marriage dispensations to be granted by the Council of the Indies upon the recommendation of the president of the audiencia.40 In 1789 the president was authorized to concede permission to accountants and treasury officials, but not to oidores.41 The prohibition was applied to magistrates until 1843, and the only condition under which they were permitted to marry within the colony was by virtue of the express permission of the supreme tribunal in Spain. In 1848, the president of the audiencia was authorized to grant marriage licenses to magistrates on condition that the contracting parties were “of equal quality, customs, and of corresponding circumstances,” permission having first been obtained from Spain,42 the president alone passing upon the requisite qualifications.